Changing your mind
Every company has a different way of offering refunds, and you need to check your receipt to see if you might be entitled to your money back. You do not have automatic rights to get refunds if you change your mind about something you’ve bought and there is nothing wrong with it. Mostly all clothes shops offer a 14 or 30-day return policy for unused items if you've changed your mind. Sale items tend not to be covered, but it is always good to check with the provider.
When Returning Goods
If there is something wrong with what you've bought, you could be entitled to a refund, repair or replacement. This can be relevant to both brand new or 2nd hand, you have the same rights in both circumstances.
Your legal rights include when the item is:
- Broken
- Unusable
- Not what was advertised
You won’t have legal rights if:
- You misused the product or wear and tear from use
- You knew about the fault before purchase
- You changed your mind
Cooling off period
You are entitled to a 14-day cooling off period for things you buy, which you haven’t seen in person – unless they are bespoke made. This period begins the day after you receive your confirmation of ordering and there doesn’t need to be a fault if you wish to use this.
Fake or counterfeit goods
After October 1, 2015, the law changed so that you have a right to a reimbursement within a 'fair' period when you buy an item.
There is not a time limit set in stone but a reasonable approach to take is to set a 2 month deadline for returning an item.
You may invoke the 1979 Sale of Goods Act and claim
the item if it does not fit its definition because it is not real.
If you paid for the item over 2 months then you are legally entitled to a partial refund, however the buyer could also offer a genuine item in place of the counterfeit.
Cancel a membership
If you sign up for a gym membership for a certain period of time (usually twelve months) and
plan to cancel before the expiration of that membership, you are usually required to pay for the remainder.
You'll need to review your contract and see
if your gym service has a cancellation policy.
If you want to leave due to illness or injury, please contact the gym and address this. "The Competition and Markets Authority
(CMA) recommends that a gym contract is unreasonable if a participant is not permitted to cancel due to serious injury or illness"
Claiming with warranty or guarantee
For a customer, warranties and incentives add to the legal rights, it can be easier to use them to get money back, fix or replace. Check your records or receipts for how long they last-you'll need evidence of transaction to make a claim under them.
You have the right to return faulty goods either new or second-hand – it is easier to return faulty goods within in the first 6 months of purchase however you have legal rights up to 6 years in case something is faulty.
Seller refuses a refund
If you find something is fake you can report the buyer to trading standards for fraud, they can take legal action against the buyer but can’t help you to get your money back. If you pay by debit card, contact your bank and ask to use the Chargeback scheme. Contact your credit card company if you paid under £100 and ask to use the Chargeback scheme. If it was more than £100 but less than £30,000, you may apply to make a claim under section 75.
Item hasn’t arrived
If anything has not happened it is the duty of the seller to chase the problem. You can write to them to request a refund or replacement, as this is your legal right. When they fail to substitute or refund you may complain through their complaint service or use their business association / Alternative Conflict scheme to settle the dispute without going to court. Depending on how much you paid you can use the Chargeback Scheme with your bank or credit card company.
Damaged caused by faulty product
If the item you purchased causes no fault of your own to harm your property, you may be entitled to seek compensation under "damages."
Such as a new washing machine which leaks and damages your kitchen.
You could do this via any insurance you may have or via the manufacturer that you purchased the item from.
To make good the harm done, you can take pictures of the damage and a copy of invoices / receipts.
eBay
Usually, eBay scams are an email sent from someone who wants to defraud you, and they are very open for you to move funds.
Many emails, maybe from people who impersonate eBay or PayPal, make sure you check the website / e-mail to verify its authenticity. All eBay emails and websites will end with ebay e.g ebay.com and ebay.co.uk.
eBay has some useful guidance on their website to help you identify fraudulent activity and advice on how to report it when you see it.
If you have experienced an issues with an eBay purchase you should report the buyer using the eBay 'Contact Us' page which is visible once you have logged in. An Advice Worker can help you navigate this process and support you to report an issue.
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